Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



PRESBYTERIAN CHURCH OF GHANA & 19 ORS
V.
NICHOLAS O. PARKER

(2021) JELR 108995 (CA)    
Court of Appeal  ·  H1/183/2019 ·  1 Mar 2021 ·  Ghana
CORAM
I. O. TANKO AMADU JSC (PRESIDING), M. WELBOURNE JA, A. A. GAISIE JA

Ratio Decidendi

Core Terms Beta
evidence
learned trial judge
grounds of appeal
aka fideli aholi
evidence exhibit
favour of the plaintiffs
high court
registered trustees of the presbyterian church of ghana
registrar-general’s office
respondent
various constituent churches
amended statement of claim
list of trustees
respondents’ case
appellant’s case
appellant’s trespass
available evidence
church members
constituent churches
counsel costs of gh
court injunction
date of incorporation
defence states
following issues
following reliefs
full trial
further claim
gross abuse of the court process
ground rules
grounds of capacity
high court decision
h series
judgment of the high court
land certificate
land division
land title certificate no. ga11692
parcel of land
plaintiffs’ donor
properties of the corporate church
real question
receipt of the entire record of appeal
rev. c.e. martinson
said gift
subject of this action
technical grounds
unchallenged evidence
weight of the evidence

JUDGMENT 

AMMA A. GAISIE JA 

This appeal is from the judgment of the High Court, Land Division, Accra, dated 11th February, 2016 wherein judgment was entered in favour of the Plaintiffs/Respondents. 

In the High Court, the Plaintiff/Respondent (hereinafter referred to as the “Respondent), claimed against the Defendant/Appellant (hereinafter referred to as the Appellant), the following reliefs: 

“(a) Declaration of title to all that piece or parcel of land situate, lying and being at  Gonyiteh, East Legon and described in the Land Title Certificate No. GA11692 dated  6th February, 2004 

(a) Perpetual injunction restraining the defendant, his heirs, agents, assigns, privies and all persons claiming through or under him interfering with the land 

(b) Recovery of possession of the said land the subject of this action

(c) An order for demolition of the said structure placed on the land by the defendant at  his expense 

(d) Damages for trespass 

(e) Cost of the suit herein.”

BACKGROUND TO THE CASE …

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